My partner and i were terminated from southwest airlines in…

My partner and i...

My partner and i were terminated from southwest airlines in houston hobby on march 19th. we were terminated based off of heresay information. the unemployment judge also granted the both of us unemployment and stated to the manager of southwest that they give us or job back or pay them unemployment because it was no significant reason to terminate I strongly believe this termination was done out of discrimination and retaliation i currently have a case pending with Dep of Labor but i also believe that i have a case that is strong enough to sue southwest OR the manager who fired us erroneously

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Union full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats pretty much the basics of the story

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Customer reply replied 7 months ago

Not only that but he questioned my partners medical condition which was irrelivent to what he terminated us for, and i provided military documentation showing the reason why i had so many bags checked in and he still fired us. ALso, i had my CPAP machine and he stated he took pics of my bags and didnt locate a CPAP which is false becuase i travel with it everywhere due to the fact that i have to use it on a daily bases

Can you tell me, what do you mean by you have a case with dept of labor but want to sue SW? Did you complain to the DOL about SW for discrimination?

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Customer reply replied 7 months ago

i basically want my job back. i have no problems with Southwest Airlines, however, the manager that fired us treated us wrong and we were terminated for basically no reason to uphold or fall in termination arena. I submitted a case with the DOL in hopes of them investigating and possibly working something out with Southwest headquarters with us getting our jobs back. however, i do want to seek legal action on the manager that fired us for defamation of character and because not only did he violate my medical rights but he also didnt take my military drills into concideration

The complaint with DOL is the first step if the goal is to sue. The law requires you file a complaint with the DOL and allow them to investigate. When the investigation completes, they will issue a 'right to sue' letter, that would allow you to sue SWA.

And SWA is the only one you can sue here...you are not going to be able to sue the individual for what you are describing. They were acting within their job responsibility when they fired you (albeit illegally), if you tired to sue them individually I would fully expect the court to dismiss that suit based on the fact that they were the manager, performing their job duties.

Bot***** *****ne: if you can not broker a settlement with the DOL, you will have the chance to sue SWA. You will not be able to sue the manager

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).